Homeowners Handbook. A guide for leaseholders and shared owners

Transcription

1 Homeowners Handbook A guide for leaseholders and shared owners

2 Introduction... 4 Contact us... 5 Your home Your lease The lease... 8 Responsibilities... 9 Your rights...10 Extending and making changes to your lease...13 Subletting...14 Staircasing...16 Service charges and ground rent Service charges...18 Ground rent...24 Sinking funds...24 How to pay service charge, ground rent and missed payments Insurance Buildings insurance...26 House owners...26 Making a claim...26 Contents insurance...27 Your building Repairs and maintenance What you are responsible for...30 What we are responsible for...31 How to report a communal (shared) repair Cyclical repairs and decorating...34 Faults in new homes...35 Gas servicing...36 Alterations and improvements Permission...37 Getting a licence for alteration...38 Satellite dishes...38 Major works Consulting you...39 Paying for cyclical repairs...40 Consulting you in emergencies

3 Your surroundings About your surroundings Cleaning...44 Rubbish and litter...44 Dealing with pests...44 Lifts...45 Caretaking...45 Gardening and maintaining the grounds...45 Graffiti...44 Abandoned vehicles...45 Car parking and wheel clamping...46 Door-entry systems...46 Antisocial behaviour Noise and nuisance...48 Moving on Selling your home Shared ownership and home equity...52 Right to Buy, Right to Acquire or voluntary purchase grant leases For Sale or For Let signs Solicitor s enquiries...53 Notice of assignment...53 Service charges, major works and missed payments Increasing your mortgage...54 Other information Getting involved...58 How you can get involved...58 Our policies Our customer service charter...59 Valuing diversity...60 Data protection...61 Your rights under the Data Protection Act Making a complaint...64 Moving house checklist Glossary Useful contacts Your building Your surroundings Moving on Xxxxxxxxxxxxxxxxxxxxxx Other information

4 Introduction Peabody is one of London s oldest and largest housing associations. We were founded in 1862 by the remarkable American banker, diplomat and philanthropist George Peabody. Peabody s mission is as alive today as it was then. We make London a city of opportunity for all by ensuring as many people as possible have a good home, a real sense of purpose and a strong feeling of belonging. We provide a range of housing services, including rented housing, accommodation for key workers (for example, teachers and nurses), shared-ownership homes and outright sales. By providing different types of tenancies and ways of owning a home, we allow people to choose the housing option that suits them best. We are a registered charity and member of the National Housing Federation. We are regulated by the Homes and Communities Agency and governed by a board that meets regularly to: > decide our policies and aims > set targets > review our performance You can find a list of current governors on our website at or you can get a copy from Peabody Direct on or (free from landlines). 4

5 The Rents and Service Charge Team The Rents and Service Charge Team is responsible for managing your lease agreement and setting your rent and/or service charge. Contacting us If you need any more information about anything in this handbook, you can contact the Rents and Service Charge Team in the following ways: Phone: Fax: Website: Address: Rents and Service Charge Team Peabody 45 Westminster Bridge Road London SE1 7JB We are open from 9am to 5pm, Monday to Friday. For other useful contact numbers and addresses, see p65. 1 Your building Your surroundings Moving on Other information

6 Your home

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8 Your lease Owning a lease gives you the right to live in your home for a certain period of time. You will have to pay a ground rent which will be charged every year. As a leaseholder, you do not own the building your home is in or the land around the building. We are responsible for managing and maintaining all shared areas of your block and estate (if applicable). As a result, you have to pay a share of the costs for maintaining the building and the land around it (as shown in your lease). You pay this as part of your yearly service charges. What s in the lease The lease is a very important document and you should read it carefully. The lease is the legal agreement between you and us. This agreement will last for a certain period, and the length of time this agreement has left to run is called the unexpired term. The lease contains important information, including the following: > The length of your lease > Plans of the estate, block and your home > A description of your home (including any gardens, stores or parking which have been sold to you) > Definitions of the block and estate that you must pay service charges for > Types of services we will provide > How we work out your service charges > Your responsibilities to maintain your home > Our responsibilities to maintain the block and estate > Information on service charge rent or ground rent > Who is responsible for buildings insurance > Paying service charges, rent, missed rent payments and interest > Our right to end the lease in certain circumstances > The rights that you do and do not have within the estate and your home 8

9 If you need a copy of your lease, you can: > Ask your solicitor for a copy > Ask us for a copy (this costs 10) > Get a copy from Her Majesty s Land Registry Office (see page 68 for contact details). Your responsibilities Your responsibilities depend on your lease, but usually include: > Paying service charges and rent > Getting our written permission before carrying out any alterations to your home > Maintaining and repairing the inside of your home > Allowing our contractors to carry out any necessary repairs when we have given you enough notice in writing, or immediately in the case of an emergency > Considering your neighbours > Using the facilities we provide for rubbish > Leaving no untaxed or abandoned vehicles on the estate, and being responsible for any actions of visitors to your home while they are on the estate. Our responsibilities Our responsibilities depend on your lease, but usually include: > Providing services on the estate including cleaning and maintaining the estate > Repairing shared areas, including fixtures and fittings > Insuring the building > Charging you for your yearly service charges > Providing opportunities to improve our services on the estate when you ask (particularly for new schemes). 9 1 Your building Your surroundings Moving on Other information

10 Your rights As well as the rights set up in your lease, you are also protected by some acts of parliament, such as the Landlord and Tenant Act 1985 (as amended in 1987) and the Commonhold and Leasehold Reform Act Reasonable service charges We must make sure that our actual and estimated service charges are reasonable. The services and work carried out must also be done to a reasonable standard. If you believe that the service charges we have issued are not reasonable, or that the services provided are not of a reasonable standard, you should contact us first. If you are still not satisfied with our response, you can apply to the First Tier Property Chamber (see below). You must pay the service charges as set out in your lease. However, if you are not satisfied with certain parts of the charges, and you have told us about this, you may withhold payment for those parts only. You do not have the right to withhold the whole of your service-charge payment. As a leaseholder, you can contact the Leasehold Advisory Service (LEASE) for free legal advice on your lease. See Useful contacts on page 68 for details. First Tier Property Chamber (FTPC) First Tier Property Chamber is an independent panel of professionals with knowledge of handling leasehold disagreements. You can ask FTPC to look at any issues and disagreements you may have with us. You will have to pay a fee for this (up to 500) and you can apply yourself or in a group with other leaseholders. If you want more information, you can contact LEASE or the Residential Property Tribunal Service. See Useful contacts on page

11 Forfeiture of your lease Forfeiture means ending the lease and your landlord repossessing the property. If you break the conditions of your lease this is called a breach of lease and we can apply to the courts to end it. Forfeiture is the final stage of sorting out a breach of lease and the matter would have to be very serious for the courts to decide that we could end your lease. If you do not pay your service charges, this is an example of a breach of lease and we can apply to the courts to end your lease if: > You agree you owe us the amount that is due and do not pay the arrears or keep to any agreement reached or; > The First Tier Property Chamber agrees that the service charge you need to pay is reasonable or; > The county court makes a decision in our favour. Buying the freehold Leaseholders who live in flats have the right to buy the freehold of their blocks, but you and the property must meet certain conditions. Leaseholders of charitable housing trusts (such as us) may not qualify. If you are interested, you should contact the Rents and Service Charge Team. Management review If you have a long lease (a lease which runs for more than 21 years) you have a right to find out whether we are carrying out our services properly and whether we are using your service charges efficiently. This is called a management review. The person who carries out the reviews (the auditor) must be a qualified accountant, valuer or surveyor. There must be two thirds or more of leaseholders in the block who want the review (or one leaseholder when there are only two in the block) and you must pay for it. You must give us the names and addresses of the leaseholders who want the review, the person who will carry out the review and the documents that you want them to inspect Your building Your surroundings Moving on Other information

12 If you want them to inspect the shared areas of your block, the auditor must give us between one and two months notice from when they plan to do this. Right to manage The right to manage allows owners in a block to manage their block themselves, or have it managed by an agent under the Commonhold and Leasehold Reform Act There are certain rules on which leaseholders and buildings qualify. There are also certain conditions to be met before you can use your right to manage. > As a leaseholder, you can only qualify if your lease had more than 21 years left when it was granted. > If you have a shared-ownership or home-equity lease, you can only qualify if you have bought 100% of your lease. > For buildings to qualify, two-thirds of the flats in the building have to be owned by qualifying leaseholders. > There must be at least two flats in the block. > At least three-quarters of the block must be flats (not offices and so on). > It does not matter if you do not live in your property. > At least half of the qualifying leaseholders must actually be part of the company which will manage the block. The company would be a private company run under rules set out in the Commonhold and Leasehold Reform Act When leaseholders decide to use their right to manage, they do not own the freehold of the block. Although the block would be managed by the management company (the leaseholders or an agent on their behalf ), we would still manage any flats which did not qualify for the right to manage. 12

13 The management company would manage all contracts, contractors and repairs, and would pay all the relevant costs. The management company would set estimated service charges, work out actual service charges, send out invoices, and collect service charges from the leaseholders in the block. The management company would need to meet all laws relating to leases and managing housing, including going to the First Tier Property Chamber if the company is challenged by other leaseholders in the block. Extending and making changes to your lease When your lease ends, depending on a number of factors, you may become a tenant of the property. However, if you want to increase the number of years left for your lease to run, you can apply to extend your lease. The law on this is complicated and you will need a solicitor to advise you. To qualify, you will have to meet a number of conditions. The government is making this easier for leaseholders at the moment. However, in some circumstances, leaseholders are not able to extend their lease term if the property is part of our charitable housing stock. If you have any questions or would like to apply to extend your lease, you should contact the Rents and Service Charge Team for more details. If there is something wrong with your lease, we can ask a court to have it corrected. However, there are specific rules which say how and in what circumstances you can do this. 1 Your building Your surroundings Moving on Other information

14 Subletting You can usually sublet your home if you have bought your lease under the Right to Buy, Right to Acquire or outright sale schemes, or if you own all of your home. If you have bought a lease under the shared ownership or home equity schemes, you cannot usually sublet your home unless you meet certain conditions. However, you should always check your lease to see if you are allowed to sublet. If your lease does allow you to sublet, you must do the following: > Get written permission from us to sublet your home > Pay us a fee to deal with your request > Check with your mortgage company that they will allow you to sublet and ask them to put the permission in writing (if you have a mortgage) > Check that your home contents insurance will still be valid if you sublet. You must make sure your subtenant signs a tenancy agreement. The agreement should: > Be an assured shorthold tenancy agreement for at least six months > Ge the same as your lease so that the subtenant meets the same conditions as you (for example, you should insert a clause on noise nuisance) > Include a clause which will allow you to give your subtenant two months notice of ending their tenancy. 14

15 You must send us the following information: > A copy of the assured shorthold tenancy agreement that you have with your subtenant > A letter from your mortgage company giving you permission to sublet > A contact number for the subtenant > The address, phone number and address at we can contact you in an emergency > Details of your letting agent (if you have one). You will not be able to sublet if you do not pay your service charges. Shared ownership and home equity If you have a shared ownership or home equity lease, there could be restrictive covenants within your lease that will prevent you from subletting the property. If you require further information please contact the Rents and Service Charges Team on or rents.servicecharges@peabody.org.uk Your responsibilities if you sublet We will hold you responsible for the actions and behaviour of your subtenants. If your subtenant breaks the conditions of your lease, we will take action against you. If you sublet your home without our permission in writing, you are breaking the conditions of your lease and we may have to take legal action against you. If you have any questions about subletting, please contact the Rents and Service Charge Team for more information. 1 Your building Your surroundings Moving on Other information

16 Staircasing If you have a shared ownership lease, you can usually buy more shares in your home and eventually buy enough shares so that you own all of your home. This is known as staircasing. The more of the home you own, the less rent you have to pay. There are certain rules for staircasing. > There may be restrictions in your shared ownership lease agreement on when and how many shares you can buy in the property. > You can only buy shares in percentages. > You can buy more shares in your home up to three times only. > When you want to buy shares, you must apply in writing to the sales and marketing team. > You must pay our costs (such as legal fees), valuation fees, and your mortgage fees. When we receive your application, we will arrange to come and value your property. > If you do not agree with the valuation, you can give us your own valuation and ask our valuer to look at it. If you still disagree with the valuation, you can ask us to send the valuation paper to the district valuer (you will have to pay for this). The district valuer s decision is final. > When you staircase, we set the value of the share that you buy. The value is set at an open-market valuation and does not take into account improvements you have made to your home. > We cannot accept valuations from estate agents. > You are not allowed to staircase if you owe us money. 16

17 Home equity You may also be able to buy more shares under the home equity scheme, although this depends on your lease. You should check your lease as you may not be allowed to buy more shares, or there may be a limit to the percentage of your home you can own. Freehold Once you have bought 100% of the share of your home, you can ask us to transfer the freehold of your home to you. The right to transfer the freehold normally only applies if you live in a house. Selling your home If you sell your home within three months of staircasing at a higher value than the valuation used when you staircased, under your lease, you may have to repay some of the profit you make on the sale to us. If you have any questions about staircasing or would like a leaflet about it, please contact the Sales and Marketing team on Your building Your surroundings Moving on Other information

18 Services charges and ground rent Service charges Your service charge is a payment you make towards the costs of providing and maintaining services for the block and estate you live in. We work out service charges based on the size of your home compared to the size of the block and estate it is in. As the freeholder, we are responsible for maintaining the structure of the whole building and the shared areas (such as halls and stairways). The costs we have to pay are passed back to you through the service charge. The service you receive depends on where you live and may include: > Day-to-day maintenance > Caretaking and cleaning > Lighting in shared areas > Gardening and maintaining the grounds in outside shared areas > Management charges > Repairs and improvements > Heating and hot water > Maintaining lifts > Insurance 18

19 Calculations Your lease guides us on the percentage you will pay towards services provided. We estimate our service charges by reviewing: > The previous year s actual service charges > The money we have spent so far on your block and estate > Building insurance costs > Increases in the rate of inflation The estimated service charges will vary from year to year, depending on the circumstances. The position may change, for example, if there are new contractors or new services. Your charges may then be quite different from other years. Also, if a service such as a shared heating system has been stopped, there will not be any charges for it and your service charges will be lower. Billing At the start of each year, we estimate the charges we expect to pay. These are based on the actual cost of providing the service to your building and estate over the previous 12 months. In April each year, we will send you an invoice showing the charges you will have to pay for the coming financial year (April to March). You will have the option of paying the full amount in one lump sum or spreading the costs over the year in 12 monthly payments by direct debit. The estimate does not include any charges for major work. We will consult you before we carry out any major work and we will usually send you a bill once the contractor (who has carried out the work) has invoiced us for the work. 1 Your building Your surroundings Moving on Other information

20 After the end of the financial year (the end of March), we begin to work out the final cost of providing the services to each block and estate for the previous financial year. We then have the actual service charges checked by a company of chartered accountants who are not part of our finance department. By the end of September we will send you a letter showing how much we spent on your block and estate, how much you have to pay and the difference between the actual charge and the estimated charge. If your estimated services were higher than the actual service charge, we will refund you the difference by cheque or BACS, on request, but only if there are no outstanding debts on your account. For example, if your estimated service charges were 1,000 and we worked out that the actual service charges were 950, we will give you back 50. If the actual service charges are higher than the estimated service charge, we will ask you to pay the difference. For example, if the estimated service charges were 1,000 and the actual service charges were 1,050, we will ask you to pay a further 50. Limits on service charges If you bought your home under the Right to Buy or the Right to Acquire schemes, we would have estimated the amount of contribution you would need to pay for major work, repairs and improvements for the first five full years. This is called a section 125 notice and we cannot charge you any more than this. There is no limit on the day-to-day service charges such as electricity, cleaning and gardening. However, we will only ask you to pay the actual cost of these services and will not make any profit from them. If your home was part of a stock transfer from the local authority, it is likely that we issued a consultation document to the transferring leaseholders. In some cases we agreed to limit the day-to-day service charges and the amount of major work to be charged for a set period. 20

21 Access to information on service charges If you would like to see proof of the actual service charges, you are welcome to come to our head office and inspect all the invoices and supporting documents. You can make copies of any of the documents but there is a fee of 10p for each copy. You may inspect the accounts at any time. However, the law says that if you want a written summary of the service charge costs, you must: > write to ask for this (we will accept an ) > send us your request no later than 12 months from the end of the financial year (the end of March) We must make this available to you within one month of your request or six months after the end of the financial year (the end of March), whichever is later. If you belong to a recognised residents association (RA) or tenants association (TA), the secretary may look at the documents on your behalf with your permission. You will need to give us your written permission first. Telling you about service charges If we plan to spend over a certain amount of money on an estate or block, we will tell you before we carry out the work. If the charge to each individual lease holder for a single repair will cost 250 or more a year, we will write to you about this before the repair is carried out (except in the case of an emergency where we may need to do the work straight away). If the cost for an ongoing service contract for the estate will cost you 100 a year or more, we will write to you about this before we sign the service contract for the work. 1 Your building Your surroundings Moving on Other information

22 Management charge This is the cost of providing services to you and includes some or all of the following: > Preparing notices for major work > Issuing estimated costs of major work > Sending information to leaseholders on ways you can pay > Insuring the building > Collecting payments for ground rent > Issuing invoices for estimated and actual service charges > Handling questions about how we have set service charges > Processing orders for repairs > Collecting payments for routine repairs > Collecting payments for major work > Recording payments received > Maintaining accounting records > Meeting with residents > Providing and monitoring services for newly built properties > Instructing and assessing shared repairs > Working with service contractors > Visiting estates to check on services Disagreements about service charges If you do not agree with the service charge invoice or want to challenge the cost of a particular service, you should contact the Rents and Service Charge Team first. You must continue to pay your service charges while we sort out your disagreements. If you are still not satisfied, you can apply to the First Tier Property Chamber (FTPC) who will make the final decision. The FTPC is an independent panel of professionals with knowledge of managing leasehold properties. It looks at disagreements that arise. 22

23 There is a fee (up to 500) for each application. You can apply yourself or with other leaseholders. If you want more details, you can contact the Leasehold Advisory Service (LEASE) or the Residential Property Tribunal Service. See page 68 for details. If you do not pay your service charge Your lease states that you should pay service charges on time when we send you a bill. If you are having problems paying your service charges for whatever reason, please contact us immediately. We will be able to offer you advice to help you claim any benefits you may be entitled to. It is important that you pay your service charges on time. If you do not contact us, or if you do not keep to an agreement, we may take legal action to recover the money you owe us. If you do not pay your service charges, you have broken the conditions of your lease and could lose your home. Timetable for service charges We send you estimated service charges from 1 April each year, and the actual service charges are billed around September. 1 Your building Your surroundings Moving on Other information

24 Ground rent As a leaseholder, you may have to pay rent each year to the owner of the land your property is built on. The amount you have to pay is set out in your lease and may change, for example, every five or 10 years. We will write to you each year to tell you how much ground rent you will have to pay for the coming year. It is important that you make these payments. If you fail to do so, we may take legal action against you. If you have any more questions about your ground rent, please contact the Rents and Service Charge Team. Shared ownership If you have bought your home under a shared ownership scheme, you will not pay ground rent. However, you will pay shared ownership rent on the share of the home that we still own. You may have to pay ground rent on your home once you have bought all of your shares (see Staircasing, page16). Sinking funds A sinking fund is a pot of money created to build up an amount to pay for major work such as replacing door-entry systems or the roof. This fund means that when major work is carried out, your bill will not be as large because of the money collected over a period of time. Your lease will say if you have to contribute to this fund. If you do, we will include this amount in your yearly service charges. Working out sinking funds When new homes are built, we ask a quantity surveyor to work out how much certain items would cost to replace, and how long they will last before they need replacing, for example, roofs or windows. We aim to review all the sinking funds every five years to make sure you are happy with the size of the fund and your charges each year. We have to keep the sinking fund in an account which earns interest. The interest is then added to the sinking fund each year. 24

25 Selling your home If you are selling your property, you should tell your solicitor if you are contributing to a sinking fund so the buyers know that there is money built up to cover some or all of the cost of major work. This may make your home more attractive to buyers. All contributions you pay into the fund will stay in the fund if you decide to sell your home. How to pay your service charge and ground rent There are a number of ways that you can pay for your service charge, ground rent and missed payments. By direct debit If you would like to pay by direct debit, please contact the Rents and Service Charge Team for a form. By credit/debit card If you would like to pay using a debit card, you can phone our Rents and Service Charge Team on You can also pay using the Allpay.net service by phoning You will need your 19-digit Giro number and your debit card. If you do not know your Giro number, please contact the Rents and Service Charge Team. You can also pay using your credit or debit card using the Allpay.net website at By cheque Please make cheques payable to Peabody and send them to: Rents and Service Charge Team, 45 Westminster Bridge Road, London SE1 7JB. You should write your name and property reference or address on the back of the cheque. Your property reference number is a reference number which is on all letters and information we send you. 1 Your building Your surroundings Moving on Other information

26 Insurance Buildings insurance If we own the freehold of the building, we will insure the whole building against all the standard risks. We will recover the cost of the buildings insurance through your service charges. Making a claim If you need to make a claim under a building policy that we have arranged, you should contact the Rents and Service Charge Team or the Insurance Team as soon as possible. You will be sent an insurance claim form which you should fill in and send back to the Insurance Team at our Head Office at 45 Westminster Bridge Road, SE1 7JB. If you have any questions about insurance or would like a copy of our buildings insurance, please contact the Insurance Team on insurance@peabody.org.uk. If you own the freehold If you live in a house and own the freehold, we do not insure your home. It is your responsibility to ensure that you have the appropriate buildings insurance cover. We will insure your house if you bought under the shared ownership scheme and you do not own your entire home. When you do acquire a 100% interest we will no longer be responsible for insuring your home and you will therefore need to insure your home yourself. 26

27 Contents insurance The buildings insurance only covers the building and does not cover the contents of your home. It is your responsibility to arrange your own contents insurance. As we insure our properties through one insurance company, we can provide contents insurance at very competitive rates. If you are looking for a home contents insurance policy, Peabody offers a scheme for residents. It is run by Crystal Insurance and underwritten by Norwich Union. You can call Crystal on Your building Your surroundings Moving on Other information

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30 Your building Repairs and maintenance Your responsibilities You are responsible for all repairs inside your home, although your responsibilities will depend on your lease. Usually, you are responsible for: > The front door of your home (including handles, locks, keys and extra security features) > Doors inside your home > Windows (including fixtures, catches, panes and extra security features) > Heating systems that are just for your home > Room heaters > Sweeping chimneys > Fireplaces > Immersion heaters > Fuses > Lightbulbs > Extractor fans > Electrical faults inside your home > Burst pipes inside your home > Taps (including washers) > Blocked waste pipes, stopcocks, ball valves and your toilet > Your bath, basin and sink > Hot- and cold-water tanks inside your home > Blocked drains inside your home > Getting rid of pests in your home > Gas leaks inside your home > Cookers > Gas fires > Arranging a service for gas appliances 30

31 > Walls inside your home > Plaster inside your home >Ceilings inside your home >Floorboards in your home >Skirting boards in your home >Floor tiles in your home >Concrete floor coverings in your home >The decoration in your home Our responsibilities We are responsible for repairs to communal areas of the estate and building, and the structure of the building. Usually, we are responsible for: > The communal (shared) door to your block (if you live in a block) > Communal boilers > Radiators and pipes connected to a communal heating system > Communal lighting > The water pump servicing the block or estate > Structural work > Unblocking shared drainage pipes > Roofs > Gutters > Lifts > Communal stairwells > Communal hallways > The structure of communal walls > Walls to communal areas > Joists in your home continued... 1 Your building Your surroundings Moving on Other information

32 Your building > Decorating communal areas > Car parking areas > Communal gardens and grassed areas > Shared laundry facilities > Shared TV aerials > The entryphone system and lifts > Communal paths and gates > Insects, rats, mice and so on living in the communal areas of your block or estate How to report a communal repair To report a communal repair, you should contact Peabody Direct on or or them at Peabody.direct@peabody.org.uk. Remember to include your name, address, phone number and details of the repair. If there is an emergency repair out of our office hours (9am to 5pm), phone Peabody Direct on Repair priorities to communal areas When you report a repair, we will put it into one of the following categories, which will give you an indication of when the job will be completed. Emergency Within 24 hours (generally to make safe or secure, rather than repair). For example: water leaks that cannot be contained, total power failure. Routine Within 20 working days. This includes all repairs not classed as an emergency, for example minor carpentry repairs (eg adjusting doors and windows), minor plaster repairs, minor electrical repairs (eg door entry and tv aerials), minor plumbing repairs. 32

33 Repairs we can charge you for Apart from normal wear and tear, if you or another member of your family damages, even accidentally, any item which is our responsibility, you must repair it or pay us for carrying out the repair. Gas leaks and power cuts If you discover a gas leak, phone the National Grid immediately on If you have a power cut, phone your electricity supplier. You can try to isolate the problem by turning off the main gas stopcock or turning off the electricity at the fuse box or consumer unit. If you are not sure what to do, phone the emergency repair phone number shown above. Condensation This is caused by moist air in your home. It can cause mould and damage furnishings, clothing and the building itself. It is most noticeable in bathrooms and kitchens but can also affect other rooms. There are a number of things you can do to prevent condensation: > Dry clothes outside or keep the room ventilated if drying them inside > Ventilate tumble dryers to the outside > Cover pans when cooking > Open a window when taking a bath or shower to let the air escape > Keep the kitchen and bathroom doors closed when using these rooms > Do not block any vents > Wipe down any condensation from windows and so on > Strip walls with many layers of wallpaper to avoid the wallpaper absorbing moisture > Insulate ceilings under the roof to avoid condensation 1 Your building Your surroundings Moving on Other information

34 Your building Cyclical repairs and decorations We carry out planned maintenance based on a regular cycle of work. This is known as cyclical work and is set out in your lease. It is paid for by your service charge. We have a timetable of the year your estate is due to have its cyclical work. Cyclical repairs normally cover: > Painting the walls of shared stairways > Repainting and repointing the brickwork on the outside of the building > Repairing and replacing faulty gutters and rainwater pipes > Painting outside windows and doors > Repairing faulty roofing. You should read your lease for specific details on our responsibilities for cyclical maintenance. We will arrange for a survey to be carried out on your estate or block to check the condition of your home. This survey will help us identify cyclical work that needs to be carried out. Consulting you By law, we have to consult you on the cyclical work programme before work starts. We will consult you about details such as the contract, contractor and costs, and we will also monitor progress when work begins. Paying for cyclical repairs We will use the money in the sinking fund (also known as the major repairs fund) when we carry out cyclical repairs. If there is not enough money in the sinking fund to cover the cost of the work, we will send you a bill after the work has been done. 34

35 Faults in new homes When contractors hand over a newly built home to us, they provide a defects liability period for 12 months, when they must repair any faults. It is very important that you report any faults in your property or communal (shared) areas to us as soon as possible, so that we can put the problem right. Identifying a fault The following are examples of faults: > Heating and boilers that do not work properly > Faulty windows and doors > Plumbing leaks > Leaks caused by rain > Major cracks in plasterwork > Faulty door-entry systems > Faulty lighting or electrical wiring > Broken lifts. The following are not faults: > Blown light bulbs > Blocked toilets > Accidentally broken windows > Faulty appliances (contact the manufacturer if they are still under guarantee) > Leaks caused by appliances that have not been fitted properly > Condensation > General wear and tear > Hairline cracks in plasterwork, which are due to the property settling down. 1 Your building Your surroundings Moving on Other information

36 Your building The contractor s responsibilities At the end of the 12-month defect liability period, an inspection will take place to check for any faults that are still there. It is important that you allow the contractor into your property and tell them about any faults. If you have redecorated your home before the end of the inspection, this may affect the rights you may have for the contractor to do work. For example, if you wallpaper the walls, the contractor will not have to fix cracks due to shrinkage, or replace wallpaper that may be damaged by shrinkage. We will make sure that any faults are put right. We will give your contact details to the contractor to make sure they are able to put the faults right as soon as possible. You are still responsible for all damage you have caused and for any faults and maintenance you report outside the defect period. How to report a defect If you find a defect, you should call Peabody Direct as soon as possible on or (free from landlines). Gas servicing If you have a gas heating system that is for your home only (not a shared heating system), it is your responsibility to make sure it is safe. Apart from the risks to your health and safety, failing to maintain your gas appliance can affect your home insurance. It is important that you arrange for this check to be done. 36

37 Alterations and improvements Under the conditions of your lease you can only carry out alterations or improvements within your home if you get our permission in writing. Your lease sets out work that we will not allow even if you ask for our permission, so you should always check your lease before you think about any alterations or improvements. When you write to us for permission to carry out alterations or improvements, we will base our decision on what you want to do to your home and the conditions of your lease. We will refuse permission if there is a good reason for doing so, for example, if it would make your home less safe or compromise the structure of the building. If we give you permission, we may inspect the work when it is finished. You must not start work before we give you permission. If you do, under the conditions of your lease you might have to put your home back to its original condition before you started the work. What do I need permission for? You do need our permission to make any structural changes or any changes that may affect the shared parts of the building, for example: > Knocking down walls > Work that will affect plumbing or pipes > Changing windows. You do not need our permission to carry out minor changes, for example: > Installing a new kitchen or bathroom suite > Decorating the inside of your home > Changing the carpets. 1 Your building Your surroundings Moving on Other information

38 Your building If you are not sure whether you need our permission to make an alteration or improvement, please contact the Rents and Service Charge Team on Getting a licence for alteration In some cases, particularly if you plan to make structural changes, you may need to apply for a licence for alteration. This is a legal document setting out the changes you are allowed to make to your property. If you need a licence for alteration, you will need to do all of the following: > Get a qualified building surveyor or architect to draw up plans for the work > Check with your local authority whether you need to apply for planning permission or building control approval > Get legal advice > Pay all of our costs for providing the licence for alteration. Satellite dishes You are not allowed to fix any satellite dishes to the outside of your block without getting our permission in writing. Usually, we will not give you permission to put up a satellite dish. We will ask you to remove any dishes that you put up without our permission, and you will have to pay any costs this involves. 38

39 Major works We are responsible for looking after, maintaining, repairing and improving your building and estate as a whole, but you are responsible for paying your share of these services through your service charge. We regularly maintain all our estates, but every building needs major work now and again. This can include: > Replacing important parts of the building (such as the roof ) > Fitting new facilities (such as entry phones) > Carrying out improvements to bring your estate up to modern standards > Regular, planned decorating and repairs to the outside of the building. Consulting you We are committed to consulting all residents, including leaseholders, at all stages when we carry out major work. How we consult you will depend on the work we are planning to do. For example, if we are planning a lot of work with major changes that affect you, we will organise more meetings and give more information to residents than if we are doing regular work to the outside of your building. If major work is going to cost each flat more than 250, we must tell you this before the work begins. You will receive a notice of intention, which you can reply to within 30 days, and you can comment on the amount of the work or suggest another contractor in some circumstances. If we still plan to continue with the work, we will send you another notice with details of the work and the estimated costs. You will then have 30 days to give us your comments. We will look carefully at your comments and take account of them. You cannot refuse permission for the work to go ahead. We have a responsibility under the lease to repair and maintain the building. 1 Your building Your surroundings Moving on Other information

40 Your building If there is a recognised residents association on the estate, we must consult the association about the work and in some circumstances ask them for the names of any contractors they would like to be considered for the work. A recognised residents association gets funding and support from us. We will try to include any suggested contractors as long as they meet all the conditions we set for contractors. We will also give the residents association details of the estimates at the same time as individual leaseholders. The rules are different for work done under a long-term agreement and urgent work. Emergencies If there is an emergency which may put lives at risk or cause serious damage to property, we can carry out work without consulting you. We hope such an emergency never happens, but if it does, we will send you a letter with details of the work and estimated costs as quickly as possible. Paying for cyclical repairs We will use the money in the sinking fund, also known as the major repairs fund, when we carry out major work. If there is not enough money in the sinking fund to cover the cost of the work, we will send you a bill after the work has been done. 40

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44 Your surroundings About your surroundings Cleaning We employ contractors to clean: > Entrance halls > Lobbies > Corridors > Stairs > Walls > Floors > Shared windows > Doors > Light fittings. They will also pick up litter. If your block has a window cleaner, this cost is included in your service charge. Rubbish and litter Please help us to keep your estate clean by making sure that you do not dump rubbish. Please put household rubbish in the dustbins or wheelie bins provided. We hire large bins and you pay for these through your service charges. In some cases we will remove and get rid of bulky rubbish and you also pay for this through your service charges. Dealing with pests You are responsible for dealing with pests if they live in your home. If the problem is in shared areas, we will arrange for treatment. Pests include pharaoh ants, mice, cockroaches and rats. If you discover pests in a shared area, please contact Peabody Direct as soon as possible. 44

45 Lifts If the lift in your block breaks down, please phone the repairs number in the lift. Caretaking We have caretakers on some of our estates. The services they provide include: > Maintenance tasks that do not need a specialist contractor > Controlling weeds > Removing graffiti > Deep cleaning (for example, jet washing) > Cleaning areas that are not included in general cleaning contracts. If you have any questions about caretaking on estates, please phone Peabody Direct on Gardening and maintaining the grounds We employ contractors to carry out gardening in shared areas and maintain shared grounds by mowing lawns, removing weeds, pruning, mulching, applying pesticide treatments, looking after plants and planting. Graffiti If you discover graffiti in shared areas you can report it in the same way as for communal repairs shown on page 32. Abandoned vehicles We remove abandoned or untaxed vehicles from estates when residents or staff ask us. We will recover the cost of removing vehicles through your service charges. 1 Your building Your surroundings Moving on Other information

46 Your surroundings Car parking and wheel clamping The arrangements for car parking and wheel clamping are different on each estate. If you would like more information, please phone the Rents and Service Charge Team. You do not pay for wheel clamping in your service charges because the owner of the vehicle is responsible for this payment. Door entry systems If your door entry system needs repairing, you can report it in the same way as a communal repair. Antisocial behaviour Antisocial behaviour is the term used to cover a broad range of behaviours that are unacceptable. Examples include neighbour disputes, noise nuisance and inappropriate disposal of rubbish. Situations involving a degree of criminal activity, such as premises being used for drug dealing, can also cause antisocial behaviour. Whilst there is no universal definition of antisocial behaviour, we use the definition found in the Antisocial Behaviour Act 2003 which says Conduct which is capable of causing nuisance or annoyance to any person and which directly or indirectly relates to, or affects, the housing management functions of a relevant landlord. Landlord s responsibility We have a statutory responsibility to tackle antisocial behaviour within our estates. All of our leases and tenancy agreements have clauses in them requiring the lessee or tenant to act in a manner that does not cause nuisance, harm or harassment to other residents or visitors. Legislation such as the Antisocial Behaviour Act 2003 and best practice guidance developed by services dealing with this type of behaviour have given us a wide range of remedies to help us to deal with antisocial behaviour. 46

47 Addressing antisocial behaviour In most cases, you will be able to resolve the problems yourself. At other times, you can be supported by services such as Mediation UK. Where we have to take action, we use the remedies available ensuring that they are proportionate to the problem being addressed. The remedies used range from warning letters at the lower end of the scale to Antisocial Behaviour Orders (ASBOs) and possession proceedings at the higher end of the scale. If you are experiencing antisocial behaviour in your home or on your estate and you have not been able to address it, then we may be able to assist. We will investigate your concerns and, where there is sufficient independent evidence, we will take legal action against the perpetrator. You can help by > Keeping a diary of incidents (include dates, times and details of what happened and who was involved) > Reporting incidents to your neighbourhood manager > Being willing to act as a witness should legal action be necessary > Taking photographs or videos of antisocial activity for evidence. 1 Your building Your surroundings Moving on Other information